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(영문) 대구지방법원서부지원 2020.11.26 2018가단60523

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 10, 2018, the Plaintiff filed a lawsuit against C, the debtor, with the Daegu District Court (2017dan927) on the basis of the letter of rejection of payment as of May 1, 2017, and was sentenced by the above court to “C shall pay to the Plaintiff 143,00,000 won and the amount calculated by the rate of 15% per annum from August 18, 2017 to the date of full payment,” and the above judgment became final and conclusive thereafter.

(hereinafter “Plaintiff’s credit”). (b)

The plaintiff, the defendant, the designated parties, and C are the co-borns of the defendant.

The defendant (the birth of 1946) married with the Deceased on February 5, 1971.

The designated parties and C are children of the defendant and the deceased.

C. The deceased and the defendant, such as the deceased’s death, division of inherited property, excess of C’s debt, etc., completed the ownership transfer registration on April 2, 2010 on each of the instant apartment units (the sale on February 7, 2010, which caused the death of the deceased).

Since the Deceased’s death on March 3, 2018, the Deceased’s heir, the designated parties, and C, of the instant apartment on March 3, 2018, agreed on the division of inherited property (hereinafter “instant division agreement”) by deeming that the Defendant solely inherited all of the shares of the Deceased, among the instant apartment buildings, the Defendant solely inherited the entire shares of the deceased, and the Defendant completed the registration of the Defendant’s shares on May 3, 2018.

C was in excess of obligations at the time of the instant split-off agreement.

[Ground of recognition] Facts without dispute, Gap 1 through 5, Eul 1 through 5-4, Eul 7, 8, Eul 1 through 18, and the purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. The Plaintiff’s assertion by the parties is that the instant agreement on the division of 2/11 shares, which are the inheritance shares of the obligor C, among the Defendant’s shares, constitutes a fraudulent act, and thus, the agreement on division of this case should be revoked. Thus, the Plaintiff seeks revocation of the instant division agreement and restitution from the Defendant and the designated parties, such as the written claim

. The defendant and the designated parties.